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U.S. v. JUVENILE NO. 1 (LWQ)

Nos. 93-30415, 93-30416.

38 F.3d 470 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. JUVENILE # 1 (LWQ), Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. JUVENILE # 2 (WJD), Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1994.

Attorney(s) appearing for the Case

Ellen C. Pitcher, Asst. Federal Public Defender, Portland, OR, for defendant-appellant, Juvenile # 1.

Marc Sussman, Cournoyer & Sussman, Portland, OR, for defendant-appellant, Juvenile # 2.

Michael W. Mosman, Asst. U.S. Atty. and Matt J. Howard, Law Clerk, Portland, OR, for plaintiff-appellee.

Before: THOMPSON and LEAVY, Circuit Judges, and TASHIMA, District Judge.

DAVID R. THOMPSON, Circuit Judge:

Juveniles # 1 and # 2 pleaded guilty to simple assault. The district court sentenced them to probation. One of the conditions of probation is that the juveniles not possess a firearm until they are 21 years old.

The juveniles are members of the Confederated Tribes of the Umatilla Indian Reservation. They contend it is a religious tenet of their tribe that participation by young men in tribal hunts, and killing game during...

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